Variance approved for disputed property
Three Rivers council makes exception for Lower Montague home built too close to road
THREE RIVERS — The issue of 99 Wight Birch Cres., in Lower Montague, was again before the Town of Three Rivers this week, as council approved a variance that allows the house to sit closer to the road than in the original building permit.
However, the homeowners will have to pay for landscaping to address the problems the house has created.
In a previous council meeting in October, Wight Birch Crescent resident Sharon Bell told the town the house on 99 Wight Birch was built too close to the road, causing water run-off and transportation issues for herself and her neighbours.
Bell said she intended to sue council and said the housing permit that ensured the building of the house was falsely approved and altered after the fact.
The town did receive a building permit for construction of the home on Dec. 31, 2018.
On Feb. 6, 2019, the permit was approved on the condition a permit was obtained for a sewage disposal system, that access was created to Wight Birch Crescent and that the dwelling was set back 17 feet from the edge of the road.
The permit for the sewage disposal system was approved, but the house was built 11.1 feet from the edge the road.
On Aug. 26, 2019, council received an application for a variance that the setback distance be reduced for the home.
Council held a public meeting on Dec. 9, 2019 to receive input on that application, where they learned about the water runoff travelling across the property, onto the road and causing damage to neighbours.
Ewan Clark, lawyer with the Cox and Palmer law firm, read a motion Monday evening calling on council to approve a variance and permit the flankage and setback for the distance of 11.1 feet.
“Upon consideration of the input received at the public meeting and in the consideration of the variance application it appears that one, the variance does not violate the general intent of and purpose of the (Lower Montague Zoning and Subdivision Control) bylaw,” said Clark.
The variance is for unique circumstances. Clark noted the house is already built but its proximity to the road is through “inadvertence” and not “intentional disregard” for the requirements of the bylaw.
For council, there is no reasonable alternative under the circumstances.
The homeowners will now have to file a water management and control plan and conduct any landscaping, drainage, culvert installation or any other work on the property that is necessary for controlling drainage and water diversion to avoid damage to property or the road.